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1988 Supreme(Ker) 140

BHASKARAN NAMBIAR
SATHYAN – Appellant
Versus
MANAGER, INDIAN OVERSEAS BANK – Respondent


Judgment :-

1. When a suit is filed for an injunction restraining a Bank from paying the amount covered by a fixed deposit receipt, is the plaintiff liable to pay court fee on the amount covered by the fixed deposit receipt, treating the suit as a declaratory suit or is it sufficient to pay court fee only on the relief of injunction which he has sought? A question of court fee on which wilt also depend the valuation for purpose of jurisdiction thus arises for consideration in this revision.

2. The plaintiff filed a suit in the Munsiff's Court, Varkala praying for a decree:

(a) Prohibiting the 1st defendant bank from releasing the amount covered by the Fixed Deposit Receipt No.F.409160/FBD-38/76 and renewed as 0.307528/ MID/ 25/79 to the 2nd defendant or anybody else.

(b) directing the 1st defendant to release the said amount covered by the said fixed deposit receipt with interest from 24-3-1984 to the plaintiff.

and for other consequential reliefs. He valued the reliefs of injunction under S.27(c) of the Kerala Court Fees and Suit Valuation Act at Rs.300/- and paid a total court fee of Rs. 24/-. The value for purpose of jurisdiction was also shown as Rs. 300/-.

3. The plaintiff averred
























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